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8 Minn. J.L. Sci. & Tech. 1 (2007)

handle is hein.journals/mipr8 and id is 1 raw text is: Articles

Patent Reform and Differential Impact
Matthew Sag* & Kurt Rohde *
We can't reject something just because it's stupid.
- Esther M. Kepplinger, Deputy Commissioner of the U.S.
Patent & Trademark Office. 1
Microsoft Patents Ones, Zeroes.
- THE ONION, March 25, 1998.2
INTRODUCTION
The United States patent system is facing a crisis of
confidence. There is a widespread perception that changes in
© 2007 Matthew Sag & Kurt Rohde.
Matthew Sag is an Assistant Professor at De Paul University College of
Law. The authors wish to thank Andrew Gold, David Franklin, Tim Holbrook,
Tonja Jacobi, Mark Lemley, Michael Meurer, Adam Mossoff, Kali Murray,
Kristen Osenga, and the participants at the Intellectual Property Scholars
Conference 2006 for their insightful comments and suggestions. This article
solely reflects the opinions of the authors and does not represent the views of
McDonnell Boehnen Hulbert & Berghoff LLP or its clients. Please direct any
comments to msag@depaul.edu.
S* Kurt Rohde is an Associate Attorney at McDonnell Boehnen Hulbert &
Berghoff LLP in Chicago, Illinois, where he practices as intellectual property
attorney focusing on patent prosecution and patent litigation. Mr. Rohde
graduated from Northwestern University School of Law and, prior to
that, worked as a practicing engineer in the aerospace and industrial
manufacturing fields for ten years.
1    . Responding to the Federal Circuit's decision in In re Lee, 277 F.3d
1338, 1345 (Fed. Cir. 2002). See David Streitfeld, Note: This Headline is
Patented, L.A. TIMES, Feb. 7, 2003, at 1.
2    . Microsoft Patents Ones, Zeroes, THE ONION (Mar. 25, 1998) at 33-11,
available at http://www.theonion.com/content/node/29130. The Onion is a
satirical newspaper.